Western Union Telegraph Co. v. Bolling

Citations

• 120 Va. 413
• 91 S.E. 154
• 1917 Va. LEXIS 123

Syllabus

<p>1. Telegraphs and Telephones — Interstate Commerce. — The transmission of intelligence by wire is commerce, either State or interstate.</p> <p>2. Telegraphs and Telephones — Interstate Commerce. — Telegraph and telephone companies are common carriers under the express provisions of the act of Congress to regulate commerce. The transmission of telegraphic messages between points within the State, which, in the course of their transmission, pass without the State into another State, or the District of Columbia, is interstate commerce.</p> <p>3. Telegraphs and Telephones — Statutory Penalty — Negligence Within the Sate. — While formerly it was held that though the message be interstate commerce, under certain conditions, in clear cases of negligence occurring within this State, the statutory penalty (Code, 1904, section 1294-h, clauses 5, 6) might be enforced, since the amendment of the act to regulate commerce of June 18, 1910, Congress having occupied the field of regulation with respect to interstate telegrams, the statute can no longer be invoked in such cases.</p> <p>4. Telegraphs and Telephones — Limitation of Liability. — Common carriers may limit their liability in interstate commerce by regulations contained in their published tariffs filed with and approved by the Interstate Commerce Commission, and such regulations supersede State statutes and policies and furnish the exclusive rules for determining the carriers’ liability. So where telegraph companies undertake to limit their liability by the conditions under which they accept and transmit interstate telegrams, these conditions, until disapproved by the Interstate Commerce Commission, furnish the exclusive rules for determining their liability, subject to the federal statutes and general law, any State statute to the contrary notwithstanding.</p>